Search Results for "flat purchasers"

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Search Results for "flat purchasers"

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High Court

Bombay High Court Allows Deemed Conveyance Under MOFA Despite Pending CIRP Under IBC — Section 14 IBC Does Not Bar Competent Authority from Exercising Jurisdiction Under Section 11(3) MOFA. The Court held that the statutory right of flat purchasers to obtain deemed conveyance under MOFA cannot be defeated by the pendency of insolvency proceedings against the promoter.

22 Jun 2026

The petitioner, Darshan Mandir Co-operative Housing Society Limited, is a cooperative housing society formed by purchasers of flats in a building cons...

Supreme Court

Supreme Court Dismisses Developer's Appeals in Consumer Disputes Over Delayed Flat Possession -- NCDRC Orders Upheld for Completion, Compensation, and Costs Under Consumer Protection Act

20 Feb 2026

The Supreme Court addressed three civil appeals arising from NCDRC orders in consumer complaints filed by flat buyers against Parsvnath Developers Ltd...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

4 Nov 2025

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

Supreme Court

Supreme Court Quashes Deemed Conveyance Order in Maharashtra Ownership Flats Act Case Due to Lack of Jurisdiction Over Third-Party Rights. The competent authority under Section 5A of the Maharashtra Ownership Flats Act, 1963 exceeded its jurisdiction by granting deemed conveyance of property not covered by flat purchase agreements, affecting appellant's rights allotted under a dissolution deed.

21 Apr 2025

The dispute arose from a partnership firm dissolution in 1987, where a larger plot was partitioned between Lalbhai H. Shah (predecessor of respondents...

Supreme Court

Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

22 Jul 2021

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

High Court

Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

26 Jul 2019

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Over Flat Allotment and Possession. Court upholds concurrent findings that appellants failed to prove title or possession, and that the suit was not barred by limitation or the Cooperative Societies Act.

12 Oct 2018

The case involves a second appeal by original defendant nos. 7 and 8 (appellants) against the judgment and decree of the District Court, Pune, which c...

High Court

Bombay High Court Dismisses Challenge to MOFA Amendments and Upholds Conveyance Order — Amendments to Maharashtra Ownership of Flats Act, 1963 by Act No.4 of 2008 are intra vires and Competent Authority's order directing conveyance is valid as promoter failed to execute conveyance within statutory period.

17 Oct 2013

The petitioner, M/s. Shree Siddharth Construction, a partnership firm, challenged the constitutional validity of amendments made to the Maharashtra Ow...

High Court

Bombay High Court Upholds Constitutional Validity of Maharashtra Tax on Lotteries, Betting and Gambling Act, 2006 — Levy on Entry Fee for Games of Skill and Chance Upheld. The Court held that the tax on entry fee for games like poker, rummy, and bridge is a valid compensatory tax under Entry 62 of List II of the Seventh Schedule to the Constitution of India.

10 Apr 2012

The judgment concerns a batch of writ petitions challenging the constitutional validity of the Maharashtra Tax on Lotteries, Betting and Gambling Act,...

High Court

Bombay High Court Dismisses Builder's Appeal for Injunction Against Demolition of Unauthorized Construction. Builder who constructed seven upper floors without permission and inducted flat purchasers without occupation certificate is not entitled to equitable relief of temporary injunction.

27 Apr 2005

The appellant, M/s. Leela Enterprises, a partnership firm, filed an appeal against an order of the trial court refusing to grant a temporary injunctio...

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